Illinois Court of Claims Opinions
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Kay v. State of Illinois

8 Ill. Ct. Cl. 674 Illinois Court of Claims Filed 1935-06-01 No. 2548
Disposition: (No. 2548-Claimant awarded $14.35.) Award: $44.35 Agency: Department of Public Welfare
Cite as: Kay v. State of Illinois, 8 Ill. Ct. Cl. 674 (1935)
Legacy General 8 awarded 1930s Kay v. State of Illinois 8 Ill. Ct. Cl. 674 1935-06-01 (No. 2548-Claimant awarded $14.35.) /opinions/v08-p0664-1/

DOROTHY L. KAY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought reimbursement for travel expenses incurred while deporting a patient. The court awarded $44.35 because the claim was just but presented after appropriations lapsed.

Claim type: Lapsed Appropriation

Cases cited: Ruediger vs. State, 7 C. C. R. 11; Miller vs. State, 7 C. C. R. 251

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. TRAVELING EXPENSES-when award may be made for. Where State employee is obliged to travel, and is allowed expenses therefor, necessarily incurred in the performance of her duties, but bill for same is not presented before lapse of appropriation out of which they could be paid, as a general rule, where proper State department certifies amount as correct, and claim is filed within reasonable time.

During the month of April, 1933, the claimant was employed as Assistant Director of the Department of Public Welfare, State of Illinois; that she was appointed to accompany an eastern group of patients for deportation and deliver Nick Dotsonlis from the Kankakee State Hospital to Hartford, Conn.

In the performance of such duties, her traveling expenses are allowed. No question arises on whether the duty was performed, and she has filed an itemized statement of her expenditures in the sum of $44.35. The Director of the Department of Public Welfare states in his opinion it is a just claim and should be allowed, and would have been allowed had it been presented in time to be paid out of the appropriations of the last biennium, but it was not presented before the appropriations lapsed. "In such cases, this court has repeatedly made awards." (Ruediger vs. State, 7 C. C. R. 11; Miller vs. State, 7 C. C. R. 251.)

We, therefore, make an award in the sum of $44.35 for the claimant.

Official volume 8 (Containing cases in which opinions were filed between July 1, 1933–June 30, 1935, and advisory Opinions furnished University of Illinois)  ·  All opinions in this volume  ·  Also on CourtListener

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